BILL NUMBER: AB 2194	CHAPTERED  09/29/00

	CHAPTER   841
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN SENATE   JUNE 8, 2000

INTRODUCED BY   Assembly Member Gallegos
   (Coauthors:  Senators Escutia, Leslie, and Speier)

                        FEBRUARY 23, 2000

   An act to add Section 1276.05 to the Health and Safety Code,
relating to health facilities, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2194, Gallegos.  Temporary health facility licensing.
   Existing law provides for the licensing of various health
facilities by the State Department of Health Services, and gives the
Office of Statewide Planning and Development various regulatory
duties with respect to these facilities.
   Existing law provides that the building standards published in the
State Building Standards Code by the Office of Statewide Health
Planning and Development, and the regulations adopted by the State
Department of Health Services shall prescribe standards of adequacy,
safety, and sanitation of the physical plant, of staffing with duly
qualified licensed personnel, and of services of health facilities.
   Existing law requires that the regulations shall permit program
flexibility by the use of alternate concepts, methods, procedures,
techniques, equipment, personnel qualifications, or conducting of
pilot projects as long as statutory requirements are met and the use
has the prior written approval of the department or the office, as
applicable.
   Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes certain seismic safety standards
hospitals are required to meet.
   This bill would provide for the waiver of a general acute care
hospital from certain standards relative with respect to relocating
services on an interim basis as part of its approval plan for
compliance with the act.
   This bill would require the State Department of Health Services to
establish the Alfred E. Alquist Hospital Facilities Seismic Safety
Act Unit, and would specify the purposes for which the unit shall be
established relative to the Alfred E. Alquist Hospital Facilities
Seismic Safety Act of 1983.
   This bill would appropriate $145,000 from the General Fund to the
department for the establishment of the Alfred E. Alquist Hospital
Facilities Seismic Safety Act Unit.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1276.05 is added to the Health and Safety Code,
to read:
   1276.05.  (a) The Office of Statewide Health Planning and
Development shall allow any general acute care hospital facility that
needs to relocate services on an interim basis as part of its
approval plan for compliance with the Alfred E. Alquist Hospital
Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with
Section 129675) of Part 7 of Division 107) flexibility in achieving
compliance with, or in substantial satisfaction the objectives of,
building standards adopted pursuant to Section 1276 with regard to
the use of interim space for the provision of hospital services, or
both, on a case-by-case basis so long as public safety is not
compromised.
   (b) The state department shall allow any facility to which
subdivision (a) applies flexibility in achieving compliance with, or
in substantial satisfaction of, the objectives of licensing
standards, or both, with regard to the use of interim space for the
provision of hospital services, or both, on a case-by-case basis so
long as public safety is not compromised.
   (c) Hospital licensees, upon application for program flexibility
under this section, shall provide public notice of the proposed
interim use of space that houses at least one of the eight basic
services that are required in a general acute care hospital in a
manner that is likely to reach a substantial number of residents of
the community served by the facility and employees of the facility.
   (d) No request shall be approved under this section for a waiver
of any primary structural system, fire and life safety requirements,
or any requirement with respect to accessibility for persons with
disabilities.
   (e) In approving any request pursuant to this section for
flexibility, the office shall consider public comments.
   (f) The state department shall establish a unit with two statewide
liaisons for the purposes of the Alfred E. Alquist Hospital
Facilities Seismic Safety Act of 1983 (Chapter 1 (commencing with
Section 129675) of Part 7 of Division 107), to do all of the
following:
   (1) Serve as a central resource for hospital representatives on
licensing issues relative to the Alfred E. Alquist Hospital
Facilities Seismic Safety Act of 1983 and provide licensing
information to the public, upon request.
   (2) Serve as liaison with the Office of Statewide Health Planning
and Development, the State Fire Marshal, the Seismic Safety
Commission, and other entities as necessary on hospital operational
issues with respect to Alfred E.  Alquist Hospital Facilities Seismic
Safety Act of 1983.
   (3) Ensure statewide compliance with respect to licensing issues
relative to hospital buildings that are required to meet standards
established by the Alfred E.  Alquist Hospital Facilities Seismic
Safety Act of 1983.
   (4) Process requests for program flexibility under subdivision
(a).
   (5) Accept and consider public comments on requests for
flexibility.
   (g) Each compliance plan, in providing for an interim use of
space, shall identify the duration of time proposed for the interim
use of the space. Upon any amendment of a hospital's approved
compliance plan, any hospital for which a flexibility plan has been
approved pursuant to subdivision (a) shall provide a copy of the
amended plan to the State Department of Health Services within 30
days.
  SEC. 2.  The sum of one hundred forty-five thousand dollars
($145,000) is appropriated from the General Fund to the State
Department for the purpose of establishing the Alfred E. Alquist
Hospital Facilities Seismic Safety Act Unit.
